Walker v. State’s Empirical Analysis

Citation profile

2 federal appellate · 32 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Kumpe got out of his car by order of Officer Barentine, and came to the rear of the Oldsmobile; he leaned against Barentine’s police car while the officer searched him. As this was being done, Officer Vaughan approached the passenger side of the Oldsmobile from the rear; as he reached the car door, gunfire broke out. Linda Ford, who was sitting in the front seat with Walker, said that he had a pistol in his hand and started firing when the door was opened. She did not know who opened the door, but the door was not open when Officer Vaughan walked up. Thomas Gerald Short, the cab driver, who was also present with the police, testified that Vaughan had bent over looking into the Oldsmobile window and said a few words. Short also stated that when the door came open, Vaughan was doing a little dance-like jig, trying to get away from the car and backed up on the side of the bank; that there was a shot and Vaughan fell on his chest; that he heard several shots; that he did not see any shots fired. He said that Vaughan had just got his gun out when he was shot.”

   1 later decision quote this exact passage
   e.g. 598 F. Supp. 1410 - Walker v. Lockhart

2. ““According to these statutes two classes of murder constitute murder in the first degree, to-wit: (1) All murder committed by any hind of wilful, deliberate, malicious and premediated killing; and (2) all murder which shall be committed in the perpetration of, or in the attempt to perpetrate, arson, rape, robbery, burglary, or larceny * * * These two classes of murder in the first degree are separate and distinct. In the former a precedent intent to kill is necessary to constitute the offense, while in the latter it is not.” [Emphasis added]”

   1 later decision quote this exact passage
   e.g. Montague v. State

3. ““This evidence was introduced by the State before the accused had offered any testimony. The accused had not attacked the fact that this young police officer was a man of good reputation. Our court has held . . . that such evidence offered by the prosecution should not be admitted until the accused has undertaken to attack the character of the deceased in that respect. . . [The victim’s] efficiency on the police force, and any matters relating to his good character are irrelevant facts in this case.””

   1 later decision quote this exact passage
   e.g. Commonwealth v. Story